M/S Ansal Properties And Industries Ltd vs. Commissioner Of Income Tax Delhi 1

ITEM NO.29 COURT NO.2 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 996/2019

(Arising out of impugned final judgment and order dated 18-09-2018 in ITA No. 599/2004 passed by the High Court Of Delhi At New Delhi)

M/S ANSAL PROPERTIES AND INDUSTRIES LTD Petitioner(s)

VERSUS

COMMISSIONER OF INCOME TAX DELHI 1 Respondent(s)

Date : 05-03-2019 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE S. ABDUL NAZEER

• For Petitioner(s) Mr. Abhimanyu Bhandari, Adv. Ms. Rohina Dua, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Arta Trana Panda, Adv.
• For Respondent(s) Mr. Arijit Prasad, Adv. Ms. Anil Katiyar, AOR

UPON hearing the counsel the Court made the following O R D E R

It is argued by Mr. Abhimanyu Bhandari, learned counsel appearing for the petitioner, that the amount was declared as income in the assessment year 2003-2004 and tax was paid on this amount in that assessment year.

The case of the Department is that it should have been declared as income in the assessment year 1995-1996. On that basis it is argued that insofar as the tax amount is concerned, it stands paid, in any case, though in a subsequent year. Digitally signed by DEEPAK SINGH Date: 2019.03.06 16:39:18 IST Reason: Signature Not Verified

The question now is for payment of interest and penalty. Since the tax is paid, insofar as the amount of penalty and interest is concerned, no coercive steps for recovery shall be taken till the next date of hearing. This is on the condition that the entire tax amount shall be paid, if not fully paid.

List after four weeks.

(SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR) AR-CUM-PS BRANCH OFFICER